OfferZen Privacy Policy

This Privacy Policy was last updated on 6 December 2022 and will be effective from 22 December 2022.

About this Policy

In order to provide you with OfferZen’s Service (defined below) and give you the best possible experience on our platform, we need to collect and process your personal data. OfferZen connects candidates and employers, so it is necessary to our Service that we share your personal data to certain other users of our Service and to non-users or third party providers. Your privacy will always be of paramount importance to us and we are committed to protecting it. This privacy policy (“Policy”) explains how, why and when we collect, store, share and use your personal data and outlines the controls and choices you have around sharing your personal data.

OfferZen’s service includes all services and websites operated by OfferZen under the domain OfferZen.com and which are governed by and defined in our terms of use located at www.offerzen.com/terms (“Service”).

When you use our Service and submit personal data through the Service, you are telling OfferZen that you agree to the terms set out in this Policy as well as the terms set out in our Cookie Declaration. If you don’t agree with anything in this Policy, then please let us know and discontinue your use of the Service immediately. This Policy applies if you contact us or we contact you about our Services, whether by telephone, email, text message, post, push notifications or using third party platforms.

If you are unhappy with the way we are using your personal data or the way we process your request to exercise your rights as a data subject you are free to lodge a complaint with the Dutch Data Protection Authority (The Autoriteit Persoonsgegevens), or your local Data Protection Authority as may be applicable. If you are in South Africa you have the right to complain to the Information Regulator (South Africa) who can be contacted at inforeg@justice.gov.za. Alternatively, if you do not agree with the content of this Policy, then please remember that it is your choice whether you want to use the OfferZen Services or not.

Changes to this Policy

We may make changes to this Policy at any time. We will notify you of any changes by posting the changes to this page and updating the "last updated" date at the top of this Policy. If the changes are substantial, we will also let you know via email and/or a prominent notice on our platform, prior to the change becoming effective. You are advised to review this Policy periodically for any changes.

We hope that this Policy will help you understand our privacy commitments to you. If you have any questions about your privacy, your rights, or how to exercise them, please contact our privacy officer using the information provided in the "How to Contact Us" section of this Policy. We will respond to your request within a reasonable period of time upon verification of your identity and no later than within one month of your request.

Scope of this Policy

OfferZen is the owner of the Service and for the purposes of data protection legislation, processes personal data as an independent data controller.

In the performance of our obligations under this Policy, we will comply with all applicable data protections laws including but not limited to:

The General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679) and/or (ii) the EU GDPR as it forms part of UK law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
The Protection of Personal Information Act of South Africa (“POPIA”) and the Promotion of Access to Information Act (“PAIA”) of South Africa

This Policy does not apply to any third-party applications or software that can be accessed through our Service or that our users elect to integrate with our Services (“Third-Party Services”). Third-Party Services are governed by the terms and privacy policies applicable to your relationship with the third party, and OfferZen accepts no responsibility or liability with respect to Third-Party Services.

(Please note that you may not request our Service if you are younger than 18 years old or do not have the legal capacity to conclude legally binding contracts.)

Types of personal data we collect and when it is collected

Remember that you control the information you provide to us, and we will always strive to process your information consistently with the purposes for which you’ve engaged us. You may only send us your own personal data or the information of another data subject where you have their consent to do so or a lawful basis to do so.

Personal data is information that identifies, describes, is capable of being associated with, or could reasonably be linked with a person. Under POPIA, a “person” includes both a natural person and a juristic entity, like a company. GDPR does not include a juristic entity as a “person”.

Personal data does not include:

Information that has been made anonymous so that it does not identify a specific person;
Permanently de-identified information that does not relate or cannot be traced back to a person specifically; and
Non-personal aggregated and/or statistical information collected and compiled by us.

We collect your personal data in the following ways:

Sign-Up for Candidates

When a candidate chooses to use the Service by setting up a candidate profile, we collect personal data such as name, email address, IP address, personal identifier, UserID, cookie information (if you have consented to our Cookie Declaration), address, identification number, contact number, birth date, postal code, employment and education history, profile picture, payment details, social media handles, resumes, location, work or study permits, education transcripts, certifications, data relating to any previous contravention of OfferZen's terms and conditions of use and other information you choose to share with us to build and create your profile on OfferZen. We may ask you to provide additional or updated personal data from time to time in order to update or enhance your Profile.

Sign-Up for Employers

When you create an OfferZen employer or member account and choose to use our Service, we collect personal data which includes a contact person’s name, a contact email address, company/employer name, hiring location, number of employees, a contact phone number, job title, data relating to any previous contravention of OfferZen's terms and conditions of use and other information you choose to share with us. You also have the option to provide us with additional personal or other data in order to make your account more personalised.

OfferZen Programmes

When you sign up for or participate in a programme offered by the OfferZen Foundation and choose to use this Service, we collect certain personal data in order for you to participate in the programme on the basis of the contract between us and your consent. This includes your name, identity number, sex, gender, ethnicity, race, IP address, phone number, email address, income level and accessibility requirements. Eligibility for participation in programmes offered by the OfferZen Foundation is qualified and determined on the basis of the personal data collected which, of necessity, is sensitive personal data. As a result, OfferZen will ensure that this data will be treated in accordance with stricter rules as required by applicable laws.

Attending an event or entering a contest

When you fill out one of our surveys, attend or purchase a ticket for an event or enter one of our contests we collect certain personal data needed in order for you to participate in the contest or attend in the event as well as personal data you choose to share with us in a survey. At a minimum, we will collect your name and email address. The exact personal data collected will vary depending on the event, contest or survey. Your personal data is used to allow you to participate in these contests or surveys on the agreed terms, being the contract between us and your consent. Payment information for events is controlled and collected by third-party service providers and not OfferZen.

Speaking at an event or writing a blog for OfferZen

When you agree to speak at an OfferZen event, we collect your profile picture, name, email address, telephone number, social media handles, personal biography, and other information you choose to share with us. When you write content for the OfferZen blog, whether the content is published or not, we collect certain data from you in order to manage the blog and publish content on the basis of the contract between us. This includes your name, profile picture, location, social media handles, personal biography and other information you choose to share with us.

Interactive data

When you interact with any of our promotional or marketing material or Service, we collect personal data related to your engagement in order to improve the Service and the accuracy of our marketing and promotional activities. This includes technical data such as URL information, cookie data, your IP address, the types of devices you are using to access or connect to the OfferZen Service, unique device IDs, device attributes, browser type, language, information enabling digital rights management, operating system and OfferZen application version. Further details about the technical data that is processed by us can be found in our Cookie Declaration available at www.offerzen.com. This data is collected on the grounds of OfferZen having a legitimate interest in doing so.

We may use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving our Service, and developing new features and functionality within the Service.

Using the Service

Whenever you use the OfferZen Service, we collect personal data about your use of the OfferZen Service.

This includes:

The dates and times of any interview requests you make or receive, the number of interview requests you make or receive, interviews you have had and the outcomes of these interviews, offers and employment contracts you send or receive and the details of these offers and contracts, offers you withdraw, accept or turn down and the related reasons, profiles you view, and your interactions with other OfferZen users. This may also include details of your use of certain OfferZen features. This data is collected in order to provide you with our Service and on the basis of the agreement between us.
Matches between OfferZen Foundation Profile holders, interactions between them and the outcomes of these interactions. This data is collected on the basis of the contract between us.
OfferZen event attendance and speaking engagements.
OfferZen survey and contest participation and the outcome of these.
User engagement, including messages you send and/or receive via OfferZen and your interactions with the OfferZen team. This data is collected on the basis of the contract between us.

Personal data collected that enables us to provide you with additional features/functionality

You always have the option to change your mind and withdraw your consent at any time by requesting to delete your data.

Third party sources

We receive personal data about you and your activity from third parties, including partners we work with in order to provide you with the best possible Service.

How and why we use your personal data

We use your personal data to provide you with the Service in line with our contractual obligations, to ensure you have the best user experience.

Here are some examples of how we use your personal data:

To provide, develop, and enhance our Service
To process transactions and to send you related information including confirmations and invoices;
To communicate with you if you need assistance or more information about the Service
To enable you to participate in programmes, events, surveys and contests
To allow you to participate in the interactive features of our Service
To detect, prevent, or otherwise address fraud, security, unlawfulness, or technical issues
To send you promotional communications, materials, and other third-party information that you may find interesting (unless you have opted not to receive these)
To anonymize and/or aggregate data collected through the Service and to create statistics that may be used for any purpose, provided that such statistics do not identify any customers or individuals or contain any personal data
To inform you about any changes to our Service.
To respond to feedback and monitor security of the Service
To perform actions deemed necessary by OfferZen to provide the Service, in interactions with users, or any other third-party

How OfferZen Shares Information

OfferZen does not sell or rent your personal data to others.

Information shared to provide the OfferZen Service

Candidate (“Profile Holders”) data

We need to share your personal data from your OfferZen profile with employers and potential employers making use of OfferZen (“Account Holders”) to provide our Service. We will only share the minimum amount of data, anonymised where possible, required to provide and/or improve the Service. Each OfferZen account holder will act as a data controller in relation to the personal data that we share with them; and their own privacy policy will govern their use of profile holders’ personal data.

Employers (“Account Holders”) data

In order to provide the Service, we will need to share your personal data from your OfferZen Account with OfferZen Profile Holders and potential OfferZen Profile Holders. We will only share the minimum amount of data, anonymised where possible, required to provide and/or improve the Service.

OfferZen Foundation Profile data

We will share your personal data from your OfferZen Foundation Profile with other OfferZen Foundation Profile holders and potential OfferZen Foundation Profile holders to provide the Service. We will only share the minimum amount of data, anonymised where possible, required to provide or improve the OfferZen Service.

Information shared with third-party service providers

OfferZen only shares your personal data with other parties if this is permitted on the basis of applicable privacy legislation.

We use technical service providers which operate the technical infrastructure that we need to provide the Service, in particular providers which host, store, manage, and maintain the OfferZen applications, our content and the data we process.

We may share your personal data with third-parties, such as vendors and service providers who provide assistance with billing, payment processing, marketing, data analytics support as well as services associated with and included in our service such as: communicating with you, API integrations, enhancing security and providing new features and tools to help you use our service and give you a better experience. These are processors that process your personal data on our behalf. We make agreements with these types of parties about proper security, confidentiality and the rights you have and should be able to exercise.

We also may share personal data with our professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us. OfferZen has taken measures to ensure that these parties will treat your data confidentially and in line with applicable laws and regulations.

Other reasons we may share your personal data

OfferZen Partners

In order to provide additional products, services or value together with our partners, we may partner with third parties with whom we may share your personal data, with your consent. Each partner will act as a data controller in relation to the personal data that we supply to them and their own privacy policy will govern their use of your personal data.

Affiliates

We may share Your Personal Information with our subsidiaries, affiliates and group companies to carry out our daily business operations, fulfil obligations and requests, to deliver support and to provide and develop our Service. We may combine information internally across the different Services covered by this Policy to help improve our Services and help our Services be more relevant and useful to you and others.

Research

We may share your personal data for activities such as statistical analysis and academic study, but only in a pseudonymised format.

Law Enforcement and Data Protection Authorities

We will share your personal data when we, in good faith, believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena. We will also share your personal data where we, in good faith, believe that it is necessary for the purpose of our own, or a third party's legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

Change in ownership

We may share your personal data in those cases where we sell or negotiate to sell our business to a buyer or prospective buyer. In this situation, OfferZen will continue to ensure the confidentiality of your personal data, anonymise your personal data where possible and give you notice before your personal data is transferred to the buyer or becomes subject to a different Privacy Policy.

Data that is publicly available

OfferZen Content Data

In order for us to be able to publish legitimate content online, when you write content with us, we will publish your name, profile picture, social media handles, personal biography, and other information you choose to share with the public.

OfferZen Events Data

When you agree to speak at an OfferZen event, we will publish your profile picture, name, social media handles, personal biography, and other information you choose to share with the public so we can market the event.

Legal basis for collecting your data under the GDPR

If you are from the European Economic Area (EEA), OfferZen’s legal basis for collecting and using the personal data described in this Policy depends on the type of information we collect and the specific context in which we collect it.

OfferZen may process your personal data because:

We need to perform the Service based on a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
For payment processing purposes
To comply with the law

Your rights under GDPR

Under the GDPR, you have the following data protection rights:

The right to access, update or delete the information we have on you.
You have the right to have your information rectified if that information is inaccurate or incomplete.
You have the right to object to our processing of your personal data.
You have the right to request that we restrict the processing of your personal data.
You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
You have the right to withdraw your consent at any time where OfferZen relied on your consent to process your personal data.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the EEA.
You have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

Protection of Personal Information Act (POPIA)

We subscribe to the principles outlined in POPIA, which governs data processing activities in South Africa.

In accordance with POPIA, we ensure that:

We only collect, process, and store your personal information with your consent as set out in this Policy, unless legally required to do so, and will only use such information for the lawful purposes for which it is required. We disclose those purposes above.
We keep a record of your personal information and the specific purpose for which we have used it.
We don’t use your personal information for any purpose other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted/required to do so, by law.
We don’t use your personal information in a way that puts you at risk.
We provide adequate protection for the personal information we hold and to stop unauthorised access and use of this information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Your data protection rights under POPIA

You have the right to request access to the personal information we hold about you. To do this, please contact us at the numbers/addresses provided in this Policy and specify what information you require.
You have the right to ask us to update, correct, or delete your personal information.
In certain circumstances, you have the right to object to OfferZen using your personal information. Please contact us and a member of our team will respond to you.
You have the right to “opt-out” if you no longer want to receive marketing messages from us. To opt-out, please contact us at the details provided in this Policy and make this request.
You also have the right to complain to the Information Regulator (South Africa) if you feel we are using your personal information unlawfully. The Information Regulator can be contacted at inforeg@justice.gov.za.

Exercising your rights

In order to enable you to exercise your rights under both POPIA and GDPR with ease and to record your preferences in relation to how OfferZen uses your personal data, we provide you with access to the following settings via your Account Settings or Profile Page:

Privacy Settings - Allow you to manage your personal data and control whether we process personal data about you via:
- A 'Delete Account' or 'Delete Profile' button which enables you to delete all of the personal data OfferZen uses about you.
- A 'Request data' button to access your personal data and transfer it elsewhere as you see fit.
- Email Preferences - Allow you to choose which communications you receive from OfferZen.

Your profile or account settings let you update your personal data and opt out of receiving certain messages from OfferZen. If we send you electronic marketing messages based on your consent or, as otherwise permitted by applicable law, you may, at any time, withdraw such consent or declare your objection ("opt-out") at no cost. The electronic marketing messages you receive from OfferZen (e.g. those sent via email) will also include an opt-out mechanism within the message itself (e.g. an unsubscribe link). Opt-outs may take a few days to process and, as a result, it may happen that you receive marketing communication even after opting-out where such opt-out has not yet been processed by OfferZen.

If you wish to edit the personal data provided in creating your OfferZen profile or account, you can do so by editing the data in your profile or account page on www.offerzen.com or contacting the talent advisor or account manager assigned to you.

For OfferZen Services which do not require the creation of a profile or account, you can exercise your rights by contacting us using the information provided in the "How to Contact Us" section of this Policy.

If you request that we delete your account with us, we will do so within a reasonable period of time and will notify you once, but we may need to retain some of your personal data if necessary to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.

Automated decision making

In order to provide the best possible Service to all users of OfferZen’s Service, not every candidate profile created by candidates when signing up to the Service will meet the prerequisite criteria required for candidate profiles to be accepted and "go live" on the OfferZen platform, and as a result, be made visible to OfferZen Account Holders.

In order to determine whether certain minimum candidate profile criteria have been met, OfferZen uses automated decision-making using the personal data provided by candidates when creating their OfferZen profile.

If you require further information about the criteria that OfferZen uses to assess candidate profiles or the information we use to create candidate profiles to justify our reliance on automated decision making under the GDPR, or wish to object to candidate profiling, please see the "How to contact us" for further details on how to contact us. OfferZen applies automated decision making to Profile candidates in a manner that does not discriminate based on sensitive personal data and based on the minimum amount of personal data required to make its assessment.

Data retention and deletion

We keep your personal data only as long as necessary to provide you with the Service and for legitimate and essential business purposes, such as maintaining the performance of the Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. By using our Service, you are joining OfferZen's tech community and we will regularly be in touch with you. We keep some of your personal data for as long as you are a member of the OfferZen community or until such time as you request us to delete your profile, account or personal information.

If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless we are legally allowed or required to maintain certain personal data, including situations such as the following:

If there is an unresolved issue relating to your account or profile, such as an unresolved claim or dispute, we will retain the necessary personal data until the issue is resolved;
Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
Where necessary for our legitimate business interests such as fraud prevention or to maintain the legitimacy of our Service.

Data Transfer

OfferZen shares your personal data globally with other companies within the OfferZen Group in order to carry out the activities specified in this Policy. This includes OfferZen Group companies in the following countries: The Netherlands and South Africa. OfferZen may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. OfferZen will, in these cases, ensure that Standard Contractual Clauses are agreed upon with these parties so as to ensure protection of your data.

Personal data collected within the European Economic Area (EEA) may, for example, be transferred to and processed by third parties located in a country outside of the EEA. In such instances OfferZen shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organisational measures are in place such as the Standard Contractual Clauses approved by the EU Commission.

Security

We are committed to protecting our users' personal data. We implement appropriate technical and organisational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. We have implemented various measures including pseudonymisation, encryption, access, and retention policies to guard against unauthorised access and unnecessary retention of personal data in our systems.

Your password protects your user account or profile, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the OfferZen Service.

Breach

In the event of a breach involving the security of your personal data, we will notify the relevant authority. For South Africa, this will be the Information Regulator (South Africa) or if you are an EEA member- the supervisory authority in the EU, as well as any parties whose personal data has been accessed or acquired by an unauthorised party.

This notification will be published without undue delay, and at the latest within seventy-two hours after we have become aware of the security breach.

The notification will contain the following information:

A description of the nature of the breach
The categories and number of persons affected by the breach
A description of the possible consequences of the security compromise
A description of the measures taken or proposed to be taken by OfferZen to remedy the breach
A recommendation of the measures that any affected persons should take in order to mitigate the possible adverse effects of the security compromise
The identity of the unauthorised person, if known, who accessed or acquired the personal information
The contact details of the designated representative of OfferZen where further information can be obtained

Links

We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties' privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the OfferZen Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and keep your personal data safe.

Children

The OfferZen Service is not directed to persons under the age of 18 years. However, in some countries, stricter age limits may apply under local law. We do not knowingly collect personal data from persons under 18 years or under the applicable age limit (the "Age Limit"). If you are under the Age Limit, please do not use the OfferZen Service, and do not provide any personal data to us.

If you are a parent of a child under the Age Limit and become aware that your child has provided personal data to OfferZen, please contact us and you may request exercise of your applicable rights detailed in this Policy.

If we learn that we have collected the personal data of a child under the relevant Age Limit, we will take reasonable steps to delete the personal data. This may require us to delete the OfferZen account for that child.

How to contact us

Thank you for reading our Privacy Policy. If you have any questions about this Policy, please contact our information officer by emailing privacy@offerzen.com.

We hope you enjoy OfferZen!